Last updated August 13, 2014
Welcome to Zenly.com.
Zenly Inc. (“Zenly”) is a duly licensed real estate broker under New York law and provides, through the use of its website, www.zenly.com (the “Site”), and the services offered through the Site (the “Services”), information, products and services related to the leasing of residential units located in the New York City area on behalf of both Prospective Tenants (as defined below) and Landlords (as defined below).
1. Acknowledge and Acceptance
2. Changes to the Terms, Site and Services
B. Zenly also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. Your continued use of the Site constitutes your agreement to comply with these additional rules.
3. Acceptable Use of the Site and Services
A. Eligibility to Use the Site and the Services. You must be eighteen (18) years of age to use the Site and Services. The Site and the Services are not intended for persons under the age of eighteen.
B. Scope of Use. The purpose of the Site is to assist persons in either (a) leasing a residential unit listed on the Site (“Prospective Tenant”), or (b) obtaining Prospective Tenants to lease the residential unit(s) they either own or are authorized to represent (“Landlord”). You represent that you are not a real estate agent acting on behalf of a Prospective Tenant or Landlord, and that you have a bona-fide interest in the leasing of a residential unit(s) in New York City.
C. Unauthorized Use. No user, including any real estate agent, may make commercial use of the Site, Site Content, or Services in any way that is not expressly authorized by Zenly, including, without limitation, (a) advertising our listings; (b) copying our Site Content for commercial use, or (c) contacting Prospective Tenants or Landlords found on the Site.
4. Prospective Tenants
If you are a Prospective Tenant, the following terms and conditions apply to you:
B. No Affiliation with Real Estate Agent. You agree that you have not signed any agreement with any real estate agent that would prevent you from using Zenly as your agent to obtain a unit to lease. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify Zenly immediately in the event you enter into a broker agreement with a real estate agent.
C. Outreach to Landlords Prohibited. You agree not to contact the owner or representative of any unit listed on the Site from information gained through the Site unless expressly authorized to do so by Zenly. You will not attempt to enter a unit or speak with a Landlord without an appointment set by Zenly.
D. Zenly Represents Multiple Prospective Tenants and Landlords. You acknowledge and agree that Zenly may represent other Prospective Tenants seeking to lease the same unit that you may be interested in leasing. You also acknowledge and agree that Zenly may represent Landlords seeking to obtain Prospective Tenants, including you, to lease units that they list on the Site. For more information regarding Zenly’s role as a dual agent of both Prospective Tenants and Landlords, please see the New York State Landlord Tenant Disclosure Form.
E.Authorization for Consumer Report. If you choose to submit an application for a unit listed on the Site, you agree to let Zenly use your personally identifiable information to obtain a consumer or investigative credit report, criminal background report, and/or evictions records (collectively, “Consumer Report”) from E-Renter USA Ltd., which is a Consumer Reporting Agency subject to the Fair Credit Reporting Act. The results of the Consumer Report are only shared with the Landlord, and are not shared with Zenly.
F.Zenly Fees. If your application is accepted and you decide to enter into a lease agreement, before you acquire your apartment you are required to pay Zenly a broker fee’s of three percent (3%) of the annual rent, unless otherwise reduced as part of a promotional special.
5. Prospective Landlord
If you are a Landlord, the following terms and conditions apply to you:
B. No Affiliation with Real Estate Agent. You agree that you have not signed any agreement with any real estate agent that would prevent you from using Zenly as your non-exclusive agent to obtain Prospective Tenants to lease the unit(s) you either own or are authorized to represent. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify Zenly immediately in the event you enter into an exclusive listing agreement with a real estate agent.
C. Outreach to Prospective Tenants Prohibited. You agree not to contact any Prospective Tenants from information gained through the Site unless expressly authorized to do so by Zenly. You will not attempt to show a unit or speak with a Prospective Tenant whom you learned of through the Site without an appointment set by Zenly.
D. Zenly Represents Multiple Landlords and Prospective Tenants. You acknowledge and agree that Zenly may represent other Landlords seeking to lease unit(s), whose units Prospective Tenants of your unit(s) may also be interested in. You also acknowledge and agree that Zenly may represent Prospective Tenants seeking to lease units listed on the Site, including your unit(s). For more information regarding Zenly’s role as a dual agent of both Prospective Tenants and Landlords, please see the New York State Landlord Tenant Disclosure Form.
E. Personal Information of Prospective Tenants. If a Prospective Tenant submits an application to a unit you list on the Site, certain personally identifiable information, such as their name, email address, and phone number may be shared with you, along with the results of a Consumer Report obtained by Zenly through E-Renter USA Ltd. Such Personal Information is the property of Zenly and the results of the Consumer Report are the property of E-Renter. You agree not to disclose the Personal Information of a Prospective Tenant or the results of the Consumer Report, and you agree to only use such information for the purpose of determining whether or not to lease the unit to the Prospective Tenant.
A. Registered User Services. Certain Services will be available to you only by registering for an account on the Site (the “Registered User Services”) and thereby becoming a “ Registered User.” As a Register User you agree to: (a) provide accurate, current and complete information as prompted on the Site; and (b) maintain and update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Zenly has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Zenly may suspend or terminate your use of the Site and/or the Services and/or decline to permit your continued use of the Site and/or the Services and future access to the Site.
B. Responsibilities as a Registered User. To register for an account you will need a username and password. By selecting a username, you agree that you will not (a) select or use a name or e-mail address of another person with the intent to impersonate that person; (b) use a name or e-mail address subject to the rights of any person without authorization; (c) use a name in violation of the intellectual property rights of any person; or (d) use a name that Zenly, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Zenly immediately of any unauthorized use of your password or account or any other breach of security. Zenly assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
C. Consent to Contact. By registering for an account, you consent to receive personalized emails, telephone calls and/or faxes from Zenly.
7. Use of the Services
2. use any spider, robot or other automated device or automated or manual process to copy, monitor or keep a database copy of Site Content or any portion thereof;
4. access or use the Site in any way that, in Zenly’s sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by Zenly, or infringes on Zenly’s or any third party's trademark, copyright, patent rights, rights of privacy or publicity or any other proprietary rights;
5. transmit or upload to the Site, or use in connection with the Site, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site, or take any action that imposes an unreasonable load on our computing platform; or
6. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material available on a Site or through the use thereof;
7. attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, servers, software or any areas of the Site not intended for your access;
8. post information on or download information from the Site unless you have all rights and authority necessary to do so;
9. post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except as expressly authorized by Zenly in writing;
10. impersonate another person or entity, including but not limited to, a Zenly representative, or communicate under a false name or a name that you are not entitled or authorized to use, or use the Site to create any fraudulent or false inquiry or account; or
11. harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
9. Ownership; Intellectual Property
The Site is expressly owned and operated by Zenly. Unless otherwise noted, the design and content features on the Site, including, without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Content”), are owned by Zenly, or are licensed by Zenly from third party service providers. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Certain Site Content may be licensed from third parties and all such third party Site Content and all intellectual property and proprietary rights related to such third party Site Content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Site Content and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the original Site Content on any authorized copy you make of the Site or the Site Content.
You agree not to sell or modify the Site or the Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Content in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits Zenly or its licensors, that dilutes the strength of Zenly’s property or its licensor’s property, or that otherwise infringes on Zenly’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the Site Content.
Zenly welcomes your comments regarding the Site and Services, but asks that you not submit your creative ideas, suggestions or materials. If you send creative ideas, suggestions or materials to Zenly, that Zenly has not specifically requested (collectively, "Submissions"), you grant to Zenly and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. All Submissions will be deemed non-confidential and Zenly is not liable for any use or disclosure of Submissions.
11. Third Party Links
Any links to other websites on the Site are provided only as a convenience to you. Zenly has not reviewed all of these websites, and has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content of these other websites. Zenly does not endorse or make any representations about these other websites, or any information or other products or materials found on these other website, or any results that may be obtained from using these other websites. If you decide to access any of these other websites, you do so entirely at your own risk.
Zenly may, in its sole discretion, terminate a Registered User if they have been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into the Site or she/he has not contacted Zenly in any other manner.
Zenly will not be liable to you or any third party for any termination of your Account or your access to the Site.
13. System outages
Zenly may schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Zenly has no liability whatsoever for: (a) the resulting unavailability of the Site and/or the Services (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
A. You expressly agree that use of the Site and Services, is at your sole risk. The Site and Services are provided on an “As Is” and “As Available” basis, and to the fullest extent permitted by applicable law, Zenly hereby expressly disclaims any and warranties, express or implied, including, without limitation, any warranties of accuracy, completeness, reliability, title, noninfringement, merchantability, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Zenly does not represent or warrant that access to the Site or Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the Site. You (and not Zenly) assume the entire costs of all necessary servicing, repairs, or correction of any device that you use to access the Site or Services. Applicable law may not allow the exclusion of implied warranties, so the above limitation or exclusion may not apply to you.
B. Zenly endeavors to ensure that all the information contained on the Site is comprehensive, accurate, and up-to-date; however, Zenly cannot and does not warrant or make any representations regarding the accuracy, completeness, or reliability of the content of any of the listings, including without limitation “Zenly Verified” listings, on the Site. Any listing on the Site, including without limitation “Zenly Verified” listings, may be updated, changed, modified, withdrawn, or leased at any time without notice. Any furnishings, decorations, and artists' representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are important to you decision.
15. Limitation of Liability
A. Zenly is a provider of an interactive computer service within the meaning of the Communications Decency Act (Title 47, United States Code, Section 230) and reserves all rights granted under such law.
B. IN NO EVENT WILL ZENLY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES EVEN IF ZENLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTLY DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ZENLY’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.
If you are a Landlord, you agree to defend, indemnify and hold Zenly, its agents and licensors harmless from and against any and all claims, causes of action, or damages arising out of or relating to (x) you knowingly providing inaccurate or incomplete information to a prospective tenant; and (y) any injury to persons caused by the negligent or improper maintenance of the property or the units, except for injury or damage incurred due to the negligence of a Zenly real estate agent in the showing of the units
Zenly and Zenly’s logo and other product and service names of Zenly are trademarks of Zenly, Inc. (the “Zenly Marks”). You agree not to display, reproduce or otherwise use in any manner the Zenly Marks without Zenly’s prior written permission.
18. Claims of Copyright Infringement
Zenly respects the intellectual property rights of others and requires those that visit the Site and use our Services to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Zenly infringe your copyright, you (or your agent) may send Zenly a notice requesting that the material be removed or access to it blocked by providing Zenly’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Zenly to locate the material;
4. Information reasonably sufficient to permit the Zenly to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement on the Site shall be sent to Zenly’s designated copyright agent at:
19. User Disputes
You are solely responsible for any interaction with other users of the Site, including Registered Users. Zenly reserves the right but shall have no obligation to monitor disputes between you and any other user of the Site.
20. Site for Use in the United States
The Site is controlled and offered by Zenly from its facilities in the United States of America. Zenly makes no representations that the Site is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access the Site, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Site Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
21. Electronic Communication
When you visit the Site or send emails to Zenly, you are communicating with Zenly electronically. Zenly may communicate with you by email, unless you opt-out of receiving email communications, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Zenly provides to you electronically satisfy any legal requirement that such communications be in writing.
22. Mobile Device and Mobile Applications
F. Assignment. You may not assign your rights or delegate your responsibilities hereunder without express written permission of Zenly. Zenly may, at any time, assign its rights or delegate its obligations hereunder without notice to you.